Crime victims’ rights
If you are a victim of a crime, you have rights.
Crime Victims’ Rights Attorneys
Before we explain your rights as a crime victim, did you know that there are attorneys who can help you enforce these rights? You may wonder how these attorneys are different from a prosecutor in a case. The main difference is who each person represents. A prosecutor represents the government and the interests of the community. While they often work closely with the victim, the victim is not their client.
A crime victims’ rights attorney works for the crime victim—not the government, and not the community—the crime victim is their only client. A crime victims’ rights attorney is also required by law to keep your information and conversations confidential and are protected under the law, this is called “attorney-client privilege”. Prosecutor’s duties work a little differently. In fact, the law may require prosecutors and anyone they work with to provide defense attorneys statements or evidence you have given that may be helpful to the defendant’s case.
While you do not have to work with a crime victims’ attorney, many victims find them to be helpful and confidential sources of support and information while they are navigating their criminal cases.
Your Rights
The law provides crime victims many rights which a crime victims’ rights attorney can help you exercise, protect and enforce. Some of these rights are:
Right to Privacy – Prosecutors and defense attorneys may ask the Court to order doctors, therapists, school officials, employers, cell phone providers, for example, to turn over a crime victim’s personal or confidential records as part of the case. Crime victims have the right to object to these types of requests and ask the Court to deny them. A crime victims’ rights attorney can help to prevent or limit the personal and confidential information that is requested.
Right to be Heard – Crime victims have the right to share with the Court their experiences, opinions or perspectives on potential outcomes in a case. For example, you may tell the Court your concerns about safety before a defendant is released back into the community before trial. A crime victims’ rights attorney will help you prepare for any statements you make during public release, plea, sentencing, or parole hearings.
Right to Confer with the Prosecutor – While the prosecutor has the ability to make final decisions about the criminal case, like what crime to charge, the prosecutor should be sharing information with you, keeping you updated, and getting your input. This can include getting your opinion on a plea offer, the possible punishment for the person who harmed you, and any help that you may need.
Right to be Notified – The life of a criminal case involves multiple court proceedings. Crime victims have the right to be given notice of all public proceedings. If you have a crime victims’ rights attorney, they can appear before the Court on your behalf.
Right to Restitution –When a crime happens, many victims face a lot of unexpected bills and financial expenses, such as hospital bills, property damage, or loss of income from being unable to work. As a crime victim, have the right to ask for reimbursement of these expenses from the defendant, as part of the defendant’s sentence or probation condition. A prosecutor or a crime victims’ rights attorney can work with you to identify all expenses and make the request for reimbursement or restitution before the Court.
Other rights include:
The right to be treated fairly and with respect throughout the criminal legal process.
The right to be protected from the person who harmed you.
The right to be notified of any victim advocate or other services that can help you safety plan or provide other types of help (like housing, food assistance, etc).
DC victims can find all of their rights listed under the DC Crime Victims’ Bill of Rights and the Crime Victims’ Rights Act (a federal law).
If you have more questions about your crime victims’ rights, and how they work, please contact NVRDC at (202) 742-1727 or fill out this form.